All Subjects - MEE Bar Essay Rule
Statements Exam-Graded A
Admin/Con Law
Procedural Due Process - correct Answer-The Due Process Clause of the 14th
Amendment provides that states may not deprive a person's life, liberty, or property
without due process of law. . . In determining the amount of process due in a deprivation
of a property interest, the court must apply Matthews v. Eldridge balancing test by
weighing the interest of the individual and the risk of erroneous deprivation against the
governmental interest of fiscal and administrative efficiency. Goldberg v. Kelly states
that a pre-deprivation hearing may be required if the interest at issue is fundamental to
survival.
Agency
Definition of Agency - correct Answer-Agency is a consensual fiduciary relationship
created when two parties manifest the intent that the agent will act on the principal's
behalf and subject to the principal's control.
Agency
Duties of the agent - correct Answer-The agent has duties as stated in the contract and
implied by law. Agent has a duty to perform, using reasonable care, diligence, and skill,
for the benefit of the principal. He must obey all reasonable directions and notify the
principal of all matters. An agent also has a fiduciary duty of loyalty such as avoiding
secret profits and conflicts of interest.
Agency
Apparent Authority - correct Answer-Apparent authority is the authority that principal
allows the agent to assume, or holds the agent out as possessing. Apparent authority
exists when an agent makes an agreement which appears to be within the scope of his
authority.
Agency
Partnership: Definition/Rule - correct Answer-A partnership is an association of 2 or
more persons to carry on as co-owners of a business for profit. The partnership is a
legal entity and generally treated as distinct from the individual partners. No formalities
are required to form a partnership. In the absence of a formal partnership agreement,
the parties' intent determines whether a partnership has been formed.
Agency
Partners' liability to Partnership - correct Answer-All partners are jointly and severally
liable to pay partnership obligations. However, if a partner pays more than her pro rata
, share of any obligation, she has a right to seek indemnification from the partnership and
the other partners.
Property
Marketable title - correct Answer-Marketable title is title that is reasonably free from
doubt. It is a title that a reasonably prudent buyer would be willing to accept because
there is no reasonable probability that it will subject him to a lawsuit.
Property
Joint Tenancy Requirements - correct Answer-At common law, joint tenancy required
the 4 unities: (1) a conveyance to two or more people at the same time, (2) by the same
instrument, (3) of the same interest, and (4) giving identical rights to possession of the
property. Under modern law, joint tenancy is disfavored and can only be created with a
clear expression of a right of survivorship.
Evidence
Relevance - correct Answer-Evidence is relevant if it makes a fact of consequence more
or less probable. However, the court may exclude relevant evidence if its probative
value is substantially outweighed by its prejudicial effect.
Evidence
Character Evidence - correct Answer-Evidence of a person's character is not admissible
to prove that he acted in conformity with that character. However, evidence of crimes,
wrongs, or acts is admissible to prove motive, opportunity, intent, preparation, or plan.
Evidence
Hearsay - correct Answer-Hearsay is an out of court statement offered to prove the truth
of the matter asserted. Hearsay is generally inadmissible unless it falls within an
exception to the hearsay rule.
Evidence
Impeachment Evidence - correct Answer-The credibility of a witness may be attacked
by evidence in the form of opinion or reputation, but the opinion or reputation evidence
may refer only to the witness's truthfulness or untruthfulness. Extrinsic evidence of
specific instances of misconduct to attack witness credibility is not allowed.
Evidence
Conviction used to impeach - correct Answer-A conviction may be used to impeach a
witness if it was a felony, or if it was a crime that involved a false statement or
dishonesty. Under FRE the crime must have occurred in the last 10 years and its
probative value must not be outweighed by unfair prejudice.
Evidence
Expert Witness - correct Answer-Expert testimony is admissible if the subject matter is
one where scientific, technical, or other specialized knowledge would assist the trier of
Statements Exam-Graded A
Admin/Con Law
Procedural Due Process - correct Answer-The Due Process Clause of the 14th
Amendment provides that states may not deprive a person's life, liberty, or property
without due process of law. . . In determining the amount of process due in a deprivation
of a property interest, the court must apply Matthews v. Eldridge balancing test by
weighing the interest of the individual and the risk of erroneous deprivation against the
governmental interest of fiscal and administrative efficiency. Goldberg v. Kelly states
that a pre-deprivation hearing may be required if the interest at issue is fundamental to
survival.
Agency
Definition of Agency - correct Answer-Agency is a consensual fiduciary relationship
created when two parties manifest the intent that the agent will act on the principal's
behalf and subject to the principal's control.
Agency
Duties of the agent - correct Answer-The agent has duties as stated in the contract and
implied by law. Agent has a duty to perform, using reasonable care, diligence, and skill,
for the benefit of the principal. He must obey all reasonable directions and notify the
principal of all matters. An agent also has a fiduciary duty of loyalty such as avoiding
secret profits and conflicts of interest.
Agency
Apparent Authority - correct Answer-Apparent authority is the authority that principal
allows the agent to assume, or holds the agent out as possessing. Apparent authority
exists when an agent makes an agreement which appears to be within the scope of his
authority.
Agency
Partnership: Definition/Rule - correct Answer-A partnership is an association of 2 or
more persons to carry on as co-owners of a business for profit. The partnership is a
legal entity and generally treated as distinct from the individual partners. No formalities
are required to form a partnership. In the absence of a formal partnership agreement,
the parties' intent determines whether a partnership has been formed.
Agency
Partners' liability to Partnership - correct Answer-All partners are jointly and severally
liable to pay partnership obligations. However, if a partner pays more than her pro rata
, share of any obligation, she has a right to seek indemnification from the partnership and
the other partners.
Property
Marketable title - correct Answer-Marketable title is title that is reasonably free from
doubt. It is a title that a reasonably prudent buyer would be willing to accept because
there is no reasonable probability that it will subject him to a lawsuit.
Property
Joint Tenancy Requirements - correct Answer-At common law, joint tenancy required
the 4 unities: (1) a conveyance to two or more people at the same time, (2) by the same
instrument, (3) of the same interest, and (4) giving identical rights to possession of the
property. Under modern law, joint tenancy is disfavored and can only be created with a
clear expression of a right of survivorship.
Evidence
Relevance - correct Answer-Evidence is relevant if it makes a fact of consequence more
or less probable. However, the court may exclude relevant evidence if its probative
value is substantially outweighed by its prejudicial effect.
Evidence
Character Evidence - correct Answer-Evidence of a person's character is not admissible
to prove that he acted in conformity with that character. However, evidence of crimes,
wrongs, or acts is admissible to prove motive, opportunity, intent, preparation, or plan.
Evidence
Hearsay - correct Answer-Hearsay is an out of court statement offered to prove the truth
of the matter asserted. Hearsay is generally inadmissible unless it falls within an
exception to the hearsay rule.
Evidence
Impeachment Evidence - correct Answer-The credibility of a witness may be attacked
by evidence in the form of opinion or reputation, but the opinion or reputation evidence
may refer only to the witness's truthfulness or untruthfulness. Extrinsic evidence of
specific instances of misconduct to attack witness credibility is not allowed.
Evidence
Conviction used to impeach - correct Answer-A conviction may be used to impeach a
witness if it was a felony, or if it was a crime that involved a false statement or
dishonesty. Under FRE the crime must have occurred in the last 10 years and its
probative value must not be outweighed by unfair prejudice.
Evidence
Expert Witness - correct Answer-Expert testimony is admissible if the subject matter is
one where scientific, technical, or other specialized knowledge would assist the trier of
